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2017 Supreme(J&K) 859
IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR
Ali Mohd. Magrey, J.
Gulshan Begum - Appellant
Vs.
State and Ors. - Respondents
Cr. Rev. No. 05 of 2016 and MP(cr) No. 01 of 2016
Decided On: 26-04-2017
For the Appellant :Omkar Singh and B.S. Bali, Advocates.
For the Respondents:M.A. Qayoom, Advocate and Asif Maqbool, G.A.
The discretion of the court to grant bail even in cases carrying the sentence of death or imprisonment for life, especially for aged and infirm accused, and the need for tangible evidence to conclude that the accused might be convicted.
Headnote:
Bail - Criminal Revision - FIR No. 94/2012, Police Station Bomai - Section 302, 307, 148, 341, 354, 34 RPC - [Section 497 Cr. P.C., Section 302, Section 307, Section 148 RPC] - The court discussed the provisions of Section 497 Cr. P.C. and the principles governing the grant of bail, emphasizing the discretion of the court to grant bail even in cases carrying the sentence of death or imprisonment for life, especially for aged and infirm accused. The judgment highlighted the need for tangible evidence to conclude that the accused might be convicted, the paramount considerations of likelihood of accused fleeing from justice and tampering with prosecution evidence, and the balancing of personal liberty against the larger interests of society and the State. The court also cited various case laws to support the decision to grant bail to the aged, ailing, and sick accused.
Fact of the Case:
The case involved a dispute over a well, resulting in a scuffle and the fatal injury of the petitioner's husband and injuries to others. The accused were charged under Section 302, 307, 148 RPC, and were granted interim bail, leading to the petitioner seeking cancellation of bail.
Finding of the Court:
The court found that the trial court had considered the material on record and the evidence, and had discussed the provisions of Section 497 Cr. P.C. and the principles governing the grant of bail. The court rejected the application for cancellation of bail and made the interim bail absolute for the aged, ailing, and sick accused.
Issues: The issues included the grounds for seeking cancellation of bail, the consideration of severity of the offense and evidence, and the eligibility for bail of the aged, ailing, and sick accused.
Ratio Decidendi: The court emphasized the discretion of the court to grant bail even in cases carrying the sentence of death or imprisonment for life, especially for aged and infirm accused. The judgment highlighted the need for tangible evidence to conclude that the accused might be convicted, the paramount considerations of likelihood of accused fleeing from justice and tampering with prosecution evidence, and the balancing of personal liberty against the larger interests of society and the State.
Final Decision: The revision petition seeking cancellation of bail was dismissed, and the interim bail granted to the aged, ailing, and sick accused was made absolute.
Ali Mohd. Magrey, J.
1. This Criminal Revision has been preferred against the order of learned Court of Additional Sessions Judge, Sopore, dated 27.01.2016, passed in bail application, whereby two applications filed by the complainant, seeking cancellation of interim bail granted vide order dated 06.03.2015, in favour of accused namely Gaffar Lone, Satar Lone, Ghulam Rasool Lone and Ghulam Mohammad Ganai in case FIR No. 94/2012, Police Station Bomai under Section 302, 307, 148, 341, 354, 34 RPC have been rejected and are seeking quashment of the orders dated 27.01.2016 along with order dated 06.03.2015.
Brief facts:
During the year 2012, the dispute arose on a well, when the ladies of the accused persons did not allowed the petitioner to get the water from the said well and scuffle took place between the ladies of both the sides and meanwhile, as alleged the accused persons came along with Danda's and Iron rods striked the head with the fatal blow of Iron rod and wooden danda's with the result the husband and other two brother of the petitioner's husband also sustained injuries but the husband of the petitioner was so serious and he was referred by the Sub-District Hospital, Sopore to SKIMS, Soura, where he succumbed to injuries and two brothers of deceased were treated accordingly hence FIR No. 94/2012 came to be lodged against, as many as nine accused persons and final report came to be filed by P/S Bumia, Sopore at Sessions Court at Baramulla, and the trial against accused started and were charged under Section 302, 307, 148 RPC and thereafter the prosecution evidence was called by the Court which is going on, and on 15.03.2015, the said Court released the four accused persons on interim bail by virtue of Court order dated 15.03.2015.
2. It is averred that the said order was put to challenge the petitioner under Section 561-A Cr. P.C. which was disposed of by the Court with the direction to rehear the bail application/cancelation of interim bail afresh and pass orders accordingly the Court passed rejection order thereby rejected the application for cancellation of bail and interim bail so granted was made absolute.
3. It is averred that the Court below has taken two grounds while considering the interim bail application which is no way supported by any such solid proof or ground on which Court below has relied thus the Court below has given concession to the four accused persons in heinous and carrying capital punishment also when a young person deceased has lost his life in the hands of accused persons.
4. It is further averred that the petitioner remain in dark when the Court below has granted bail to the four accused persons on the ground of old age and health ground which is not true because to ascertain the truth the petitioner filed an application wider RTI about the determination of age of accused Ghulam Rasool (Lasse Lone) who was a Government Employee in response to the said application the report reveals that the age of the said accused is only 50 years as per copy of service book.
5. Needless to mention that petitioner Gulshan Begum-complainant prior to filing of the instant petition, had filed petition under Section 561-A Cr. PC bearing No. 47/2015 to invoke the inherent powers of this Court, seeking setting aside and quashment of order dated 06.03.2015, passed by the learned Additional Sessions Judge, Baramulla, whereby the learned trial Court has enlarged the four out of nine under trials in FIR No. 94/2012, Police Station, Bomai on bail and this Court in terms of order dated 19.05.2015, while declaring the petition not maintainable in that form disposed of the petition with the following directions:-
"In light of the above peculiar facts and circumstances of the case, it is ordered as under:
(i) This petition, for the reasons mentioned above vis-à-vis its merits, is dismissed.
(ii) The trial Court is directed to hear and consider the bail applications forthwith and pass appropriate final orders thereon;
(iii)
